Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1887-07-22
License and Personal Liberty.

FROM FlttsDurg Som'Oaleile vi ouiy i''I
In the platform of principles adopt
ed by the State Liquor League at its
recent session is very emphatic dec
laration against what is assumed to
be violation of tie principles of per-
sonal liberty in the passage of High
License law, 1t is charged that
after century noted for its progress
in all the arts and sciences, and with
out parallel in liberty of thought or
action, the inequitable and unconsti'
tutional enactments of past age
have been revived, and "the judicia-
ry of the State are charged with du-
ties and clothed with power utterly
at variance with their Office, and sub
versive of every principle of liberty
and justice"
Such declarations as these should
not be passed by in silence. The
League puts itself forth as the cham
pion and defender CT the personal
rights of the citizen, to which there
can be no objection, but has it good
ground for assuming that the last
Legislature in any way or even in
the slightest degree infringed upon
the rights or liberties Of the citizens.
Complaint is made that a person ap-
plying for license to sell liquors may
be denied the privilege through the
abuse of the discretion lodged in the
Courts" though all the requirements
of the law may have been complied
with.
The League makes the fundamen-
tai error of assuming that everyone
has the right to sell liquor in the
same sense that he may sell grocer
les or dry goods. The history OF Ii
quor legislation disapproyes this as
sumption. From the earliest times
the traffic has been regulated and re-
stricted, and may be entirely sup
pressed without depriving anyone Of
his personal liberty. Nearly 200
years ago the number of inn-keepers
was restricted to those whom the
Justices of the Peace in each county
might recommend, and the Governor
could license no other.
Then the applicant was at the
mercy of q Justice Of the Peace,
very different thing from being in the
hands of the Court. In ITO an act
was passed forbidding any license ex-
cept to those recommended by the
Courts. Ten years later no recon-
mendation for license was acted on
until after the applicant had given
security to obey the laws and keep
an orderly house. During the period
of transition from provincial to State
Government licenses we're issued to
all applicants, but this was revenue
measure rendered necessary by the
war for National independence.
In 1876 the power Of recommends
tion to the Courts was restored, and
the number of saloons was limited to
the demands Of the travelling public.
After the State Government had been
formed and population began to
spread, the full power to grant license
was conferred upon the Courts. The
law was mandatory only in so far
as the Judges were required to
license suitable number to accommo-
date the travelling public. Then fol-
lowed the requirement that the appli-
cant should be vouched for by twelve
reputable citizens, in which case it
was mandatory upon the Court to
grant the license if the recommends
tion was in due form. A few years
served to demonstrate tho loosehess
Of this systom, and it was superseded |
by the act Of 1891, in which the pow
er to grant was lodged with the
Courts, aud it was not only optional
with them to grant license or not,
but they were not permitted to grant
icense where inns were not necessary.
It will thus be seen that the High
License law reveals no innovation in
upon the Courts the dis
.retion to withhold license altogether
where tayerns are not necessary. and
hat the personal liberty" Of the
;itizen is not involved in the slightest
legree.